Allowed

Geeta Devi and Anr. v. Lal Chand and Ors.

Punjab & Haryana HC11 Jan 2019SAO/96/2015

Case brief

AI extract

What is this about?

The High Court allowed the special appeal against the remand order of the Additional District Judge, Rewari, holding that the appellate court could not have constructed a case for amendment of plaint without a formal motion. The court set aside the order directing a fresh trial on this ground alone.

What did the court decide?

Set aside the order of remand and allowed the appeal, directing the parties to appear before the Additional District Judge, Rewari on 02.02.2019 for decision on merits.

Geeta Devi and Anr. Vs Lal Chand and Ors. — Property and Title | Punjab & Haryana HC (2019)

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SAO-96-2015

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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SAO No. 96 of 2015 (O&M) Date of Decision: January 11, 2019

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Geeta Devi and another

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......APPELLANT(s).

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VERSUS

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Lal Chand and others

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....RESPONDENT(s).

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CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

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Present: Mr. Atul Yadav, Advocate for the appellants.

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Mr. Chanderhas Yadav, Advocate for respondent No.1.

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Service of remaining respondents dispensed with vide order dated 11.08.2016.

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SURINDER GUPTA, J.(Oral)

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Heard.

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Plaintiff-Lal Chand/respondent No.1 filed suit seeking possession of one room in the suit property, which was dismissed. He went in appeal before the Ist Appellate Court and the learned Additional District Judge, Rewari without setting aside the findings recorded by the trial Court remanded the case on the ground that during the pendency of the suit, it has been asserted that the possession of entire house has been taken by contesting respondent Nos.6 and 7, as such the appellant has liberty to amend the plaint which will help the Court to reach a reasonable conclusion to decide the dispute for all the times to come.

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Jyoti 2019.01.23 10:23 I attest to the accuracy and authenticity of this document

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SAO-96-2015

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The relevant observations of learned Additional District

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Judge, Rewari in para 9 of the judgment are reproduced as follows:-

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9. After hearing the parties and going through the documents on record, this court is of the view that the appellant has brought the suit for possession of one room alone out of residential house comprising 4-5 rooms, but during pendency of the suit he has gone asserting that entire house has been forcibly & illegally occupied by respondents No. 6 & 7. The appellant has, however, not only failed to specify the date when the defendants have taken the possession of the remaining rooms nor he amended his plaint to seek a relief qua the entire house instead of the prayer of recovery of possession of one room only as was made initially in the plaint. In such a situation, the better course left is to remand the case with a liberty to the appellant-plaintiff to make appropriate representation before learned trial court seeking amendment in the plaint as it is not only in the larger interest of the parties. It will not only save the parties from the multiplicity of the litigation but will help in arriving at a just & reasonable conclusion to bury the dispute for all the time to come.

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It is apparent that plaintiff had not moved any application seeking amendment of the plaint. The Ist Appellate Court has tried to set up the case for plaintiff which was not pleaded by him. No direction can be given to a party to amend its plaint and to the trial Court to hear case afresh after giving opportunities to the plaintiff to amend the plaint. The plaintiff/respondent No. 1 could otherwise move an application before the Ist Appellate Court seeking amendment of the plaint, if he so required, which could be decided on merits, in accordance with law. The order to

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Jyoti 2019.01.23 10:23 I attest to the accuracy and authenticity of this document

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SAO-96-2015 -3-

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remand the case for fresh trial on this sole ground is not legally tenable. This appeal has merits and the same is accepted. The parties are directed to appear before the learned Additional District Judge/Successor Court, Rewari on 02.02.2019. The Court will take the appeal on board and proceed further to decide the same on merits.

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( SURINDER GUPTA ) January 11, 2019. JUDGE Jyoti-II Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

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Jyoti 2019.01.23 10:23 I attest to the accuracy and authenticity of this document

Geeta Devi and Anr. v. Lal Chand and Ors.

Case brief

What is this about?

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Geeta Devi and Anr. v. Lal Chand and Ors.

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